2015-07-12

Goghost LLC provides virtual private networking (“VPN”)/Private Internet Services, Wi-fi Security/Authentication, Encryption Services and Anonymous internet protocol (“IP”) addresses to its clients. You (the “Client” or “Subscriber”) (Goghost LLC and Subscriber collectively known as “Parties”) acknowledge that Goghost LLC and/or any of its parent companies or constituents will not be held liable for any and all liability arising from your use of its services and website.

In order to use this website and services, you confirm that you are at least eighteen (18) years of age and/or are legally able to make purchases online. If you are under the age of eighteen (18) years of age, then you must have a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you, you are not allowed to use this website or its services.

ACCEPTANCE

By using and/or visiting the Goghost LLC service and website (collectively, including but not limited to all services and webpages available through Goghost LLC, the website) subscriber agrees in full to the terms and conditions provided herein and the terms and conditions of Goghost.net ‘s Privacy Policy found on this website, Digital Millennium Copyright Act (“DMCA”) policy, in addition to all future amendments and modifications (collectively referred to as the “Agreement”). By entering this website and/or subscribing to the services, subscriber agrees to be bound by these terms and conditions. If subscriber does not agree to be bound to the terms and conditions contained herein, then access to the Goghost LLC website and/or its services is prohibited.

LICENSE

Goghost LLC grants you a personal, limited, non- exclusive license to use an account to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. All intellectual property rights on Goghost LLC are privately owned and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Goghost LLC website unless you are expressly authorized to do so. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Goghost LLC Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to Goghost.net. New or future services that may be offered by Goghost.net will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN services only and do not include any other services herein.

CHANGES TO THIS AGREEMENT

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

The terms and conditions herein apply to all users of Goghost LLC whether a ‘visitor,’ a ‘subscriber,’ or a ‘client’ and you are only authorized to use Goghost LLC if you agree to abide by all applicable federal and state laws and be legally bound by the terms and conditions of this Agreement.

CONDUCT

You agree to comply with all applicable laws and regulations in connection with use of this service. You must also agree that you nor any other user that you have provided access to will not engage in any of the following activities:

SENDING OR RECEIVING UNSOLICITED AND/OR COMMERCIAL EMAILS, PROMOTIONAL MATERIALS, “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” OR “PYRAMID SCHEMES”;

EXPLOITING, POSSESSING, PRODUCING, RECEIVING, TRANSPORTING, OR DISTRIBUTING ANY ILLEGAL CONTENT, INCLUDING BUT NOT LIMITED TO ANY SEXUALLY EXPLICIT DEPICTION OF CHILDREN. FOR THE PURPOSE OF HARMING OR ATTEMPTING TO HARM MINORS IN ANY WAY;

UPLOADING, POSSESSING, RECEIVING, TRANSPORTING, OR DISTRIBUTING ANY COPYRIGHTED, TRADEMARK, OR PATENTED CONTENT WHICH YOU DO NOT OWN OR LACK WRITTEN CONSENT OR A LICENSE FROM THE COPYRIGHT OWNER, GOGHOST IS NOT A VPN FOR TORRENTING;

FORGING HEADERS OR OTHERWISE MANIPULATING E-MAIL IDENTIFIERS IN ORDER TO MASK OR MISLEAD THE ORIGINS OF CERTAIN CONTENT;

INTERFERING WITH THE SERVICE TO ANY OTHER USER, CLIENT, HOST OR NETWORK WHICH REDUCES THE QUALITY OF SERVICE FOR OTHER CLIENTS AND USERS;

TO INTERFERE WITH OR DISRUPT OUR SITE’S SYSTEM OR SERVERS OR NETWORKS CONNECTED TO OUR SITE’S SYSTEM, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES OR REGULATIONS OF NETWORKS CONNECTED TO OUR SITE’S SYSTEM;

ACCESSING DATA, SYSTEMS OR NETWORKS INCLUDING ATTEMPTS TO PROBE SCAN OR TEST FOR VULNERABILITIES OF A SYSTEM OR NETWORK OR TO BREACH SECURITY OR AUTHENTICATION MEASURES WITHOUT WRITTEN CONSENT FROM THE OWNER OF THE SYSTEM OR NETWORK;

USING THIS SERVICE TO TRANSMIT ANY MATERIAL (BY EMAIL, UPLOADING, POSTING, OR OTHERWISE) THAT THREATENS OR ENCOURAGES BODILY HARM, INJURY OR DESTRUCTION OF PROPERTY, DEFAMES ONE OR MORE THIRD PARTIES, OR PROMOTES ANY ACT OF CRUELTY TO ANIMALS; OR

ACCESSING THE SERVICE TO VIOLATE ANY LAWS AT THE LOCAL, STATE AND FEDERAL LEVEL IN THE UNITED STATES OF AMERICA OR THE COUNTRY/TERRITORY IN WHICH YOU RESIDE.

TO UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT ANY CONTENT THAT IS DIRECTED TO INCITING OR PRODUCING IMMINENT CONDUCT THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTUOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE AND IS LIKELY TO PRODUCE SUCH CONDUCT;

TO IMPERSONATE ANY PERSON OR ENTITY OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY;

TO COLLECT OR STORE PERSONAL DATA ABOUT OTHER USERS WITHOUT THEIR KNOWLEDGE; OR

TO PROMOTE OR PROVIDE INSTRUCTIONAL INFORMATION ABOUT ILLEGAL ACTIVITIES, PROMOTE PHYSICAL HARM OR INJURY AGAINST ANY GROUP OR INDIVIDUAL, OR PROMOTE ANY ACT OF CRUELTY TO ANIMALS.

EXPORT CONTROLS

The Goghost LLC service offered as part of this Agreement is subject to all relevant United States export control laws and regulations. Company makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department’s Table of Denial Orders, the U.S. Treasury Department’s lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People’s Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).

BREACH

Goghost LLC abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions.

Along with the ZERO TOLERANCE policy, clients who materially breach the terms and conditions will have their account removed without any refund. Additionally, client understands that Goghost LLC expressly reserves the right to hold the client or any third-party using the service on client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges.

Subscriber understands that Goghost LLC reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Terms of Service constitutes a material breach of the Agreement, and may result in one or more of these following actions:

ISSUANCE OF A WARNING;

IMMEDIATE, TEMPORARY, OR PERMANENT REVOCATION OF ACCESS TO GOGHOST LLC WITH NO REFUND;

LEGAL ACTIONS AGAINST YOU FOR REIMBURSEMENT OF ANY COSTS INCURRED VIA INDEMNITY RESULTING FROM A BREACH;

INDEPENDENT LEGAL ACTION BY GOGHOST LLC AS A RESULT OF A BREACH; OR

DISCLOSURE OF SUCH INFORMATION TO LAW ENFORCEMENT AUTHORITIES AS DEEMED REASONABLY NECESSARY.

Goghost LLC reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your Goghost LLC account has been suspended, then you may contact us.

CLIENT RESPONSIBILITIES

As a client of Goghost LLC, you are responsible for:

MAINTAINING THE CONFIDENTIALITY AND SECURITY OF THE ACCOUNT YOU ARE PROVIDED.

ENSURING THAT SUBSCRIBER CONNECTIONS TO THE GOGHOST LLC NETWORK ARE LIMITED TO NO MORE THAN FIVE (5) SIMULTANEOUS CONNECTIONS.

PROVIDING VALID AND ACCURATE IDENTIFYING INFORMATION RELATED TO THE USER ACCOUNT.

LIABILITY FOR ANY USE AND/OR ABUSE WHICH OCCURS WHILE YOU OR ANY THIRD-PARTY IS LOGGED INTO THE GOGHOST LLC SERVICE WITH YOUR ACCOUNT CREDENTIALS.

FEES

You acknowledge that Goghost LLC reserves the right to create a subscription service through one or more third party merchants. Payments will be charged on the day you sign up for service and will cover use of that service for the duration of one (1) month, six (6) months, one (1) year, or a “business” account without subscription depending on the service plan level. A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered as is at the time of purchase. Future services offered by Goghost.net may not be included with the account. You may cancel the account subscription at anytime; the account will remain active for the remainder of your billing cycle.

Goghost LLC reserves the right to change the fees at anytime at its discretion. Subscriber understands that Goghost LLC is not obligated to honor errors due to typos and is not responsible for misinformation provided on third party websites or affiliates.

Subscriber also understands that any gift-card based transactions for service are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.

REFUND POLICY

If you are less than 100% satisfied with the Goghost LLC VPN service, we will gladly refund your payment if the refund is requested within three (3) days from the date of the purchase. Requests made later than the 3 day purchase date window will be denied. Please see our refund page for more details.

You understand that by paying for Goghost LLC using BitCoin as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time. The parties agree that any there are no refunds for transactions using BitCoin.

Subscriber understands that refunds for gift-cards, BitCoin and mailed-in based transactions are not available under any circumstances.

OUR RIGHTS

Goghost LLC reserves the right to close your account at any given time without any given notice. While Goghost LLC will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date

Subscriber understands that Goghost LLC also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the Goghost LLC network.

Subscriber also understands that Goghost.net for reasons beyond its control may shut down and terminate services. If Goghost LLC ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.

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